Types of bankruptcy
The U.S. Bankruptcy Code includes different types of protection for debtors, each with its own set of rules and costs which often come as a surprise to consumers who say they're already broke.
While there are common expenses, some could be higher related to the complexity of the case. Here's what to expect:
Chapter 7
Available to both individual and business debtors. Its purpose is to achieve a fair distribution to creditors of the debtor's available assets. Most debts are discharged, which provides a fresh financial start.
Average length of case: 4 to 6 months, possibly longer
Initial court filing fee: $299
Amended document filing fee: $26
Financial counseling session: $25 to $50
Lawyer fees: $600 to $3,000, often paid before filing
Chapter 13
Available for an individual with regular income whose debts do not exceed specific amounts. It is typically used to budget some of the debtor's future earnings under a plan through which creditors are paid in full or in part.
Average length of case: 3 to 5 years
Initial court filing fee: $274
Amended document filing fee: $26
Financial counseling session: $25 to $50
Lawyer fees: $3,500, set by bankruptcy judge and often in a payment plan
Other relief
Chapter 11
Available for business. Its purpose is to rehabilitate a business so it can remain open or reorganize an individual's finances through a court-approved reorganization plan.
Chapter 12
Designed to give special debt relief to a family farmer with regular income from farming.
Source: American Bankruptcy Institute, local lawyers, Daily Herald reporting